Sister refusing to move, contentious probate

[Peaches1407]

Hi there, I inherited a property 3 years ago from my dad who passed away. The property was left to me and my sister, our names were on the deeds as joint tenants. Ive severed the tenancy so that we are tenants in common. My sister who has been living in the house by herself for all this time is now refusing to move and won't buy me out. She was also PoA whilst dad was ill and then executor and has taken the cash etc without declaring it. Am I able to contest the probate and force a sale of the house by law?

Has your DS actually told the banks your DF has passed away? You need a grant of probate to access cash unless it is for an agreed purpose e.g. funeral costs. Also after probate the will becomes public. Definitely a visit to a solicitor specialising in administration of estates is required.

If she hadn't this would have been registered with the bank, their fraud dept and the opg can investigate if the poa was registered, if there were accounts and what money was withdrawn. Have you spoken to the solicitor wo dealt with the house. They should have details of the Will if there is one.

Thanks for your all your advice. The whole situation was dealt with in secrecy, I was never kept informed of anything. Maybe the PoA was registered properly but the cash was kept by her, rather than treating it as part of the estate.

I'll have to try and get a copy of the will from the solicitor but my sister and I are no longer on speaking terms.

There was also life insurance which was given my dad got after my mum passed a few months before. I've not seen a penny of that either.

Lawyer up.

If she has misappropriated funds or taken money that should have been distributed by the Will or trust details or intestacy you may be able to recover your share from her half of the proceeds of sale of the property. Also they can advise on rent due from her for your share of the property.

If you were on the deeds then it wasn't left to you? It was gifted (all or in part) before death? Or did that just happen when your mother died- so recent?

Don't forget to check your capital gains tax liability - if she lives in the house then her position will be different.

if probate has been granted then you can go online to request a copy of the will as post probate this is now a public document. The estate value will also be on the document. It would be very unusual for there to be no money left, what about current accounts or state pension that may have been due as paid in arrears?
as the executrix your sister should provide you with a statement of the accounts detailing income and expenses paid eg funeral.
as pp has mentioned. There are two issues: the value of the estate and ‘missing ‘ money and then forcing a sale of the house if your sister is unable to buy you out.

If you are entitled to 50% of the estate. She will need to give you 50% if the value of the estate at time of Dads death. Less any costs - funeral, inheritance tax etc which should be deducted from the estate first. She will need to give you your 50% which may be more than half of the house if as you say she has had life insurance etc. talk to a professional - often first hour of advice is free.

It’s not just about value of the estate at date of death. Income can also be earned during the administration period eg interest on accounts, premium bond wins and that also needs to be shown in the estate accounts and split between the beneficiaries. Tax may need to be paid on this too if over £500 for income - 20% rate and also CGT may be due if there were shares.

It's a horrible messy situation. I have tried to locate the will on gov.uk but its not coming up. My next steps will be to contact a property dispute lawyer and speak to them about her not wanting to sell tbe house, and also her handling of the finances at the time.

There were no estate accounts prepared. Only the property was there, but no cash, investments, proceeds from life insurance was declared. Its all gone.

There will be a digital trail. Nothing disappears these days unless it's cash under a mattress.

you father died three years ago… When was probate granted? Did she actually apply for probate? The will is sent with the probate application so it should be there if probate was applied for and granted.

Does anyone know of a good property dispute lawyer? I think the I may also need one for the mishandling of funds during my sisters time as PoA.

Was the house in your and your sister’s names prior to your dad’s death?

I think probate was applied for in 2021

No, house was in my dad's name

I would guess that the house is still in Dads name and nothing has been done about any of it. Have a look on the internet for a local solicitor.

Mishandling of funds during period with POA may be tricky to prove if your dad died three years ago. However, POA ended when your dad died and your sister would then be dealing with the estate in her role as the executrix.
is your suspicion that she continued with the POA and moved money after your dad’s death without informing the bank etc that he had died?

She became PoA before my dad died as he was distraught, and this period was when she began to embezzle the funds.

House is now in both mine and my sisters name.

So a grant of probate would have been required by land registry to transfer ownership. So the grant and will should be online.

This is what's also baffling me, I can't find any trace of it online.

I wouldn’t worry about not being able to find the will on line
i can’t find either my mum or dads when I search but I did do probate for them so they are there somewhere

But I just can’t find them